Reading Room Document

Equal Employment Opportunity Commission Witness Fees and Expenses

The document is a response to a request for views on the Department's obligation to pay witness fees and expenses for cases litigated by the EEOC under Title VII of the Civil Rights Act of 1964. The conclusion reached is that the Department is obligated to pay witness fees and expenses in such cases, as not doing so would create an exception that Congress did not intend to create. The document also presents a review of the statutes and legislative histories, as well as an analysis of the broad language in Section 1825, which applies to "all fees of witnesses" in "any case" wherein an agency of the United States is a party. The questions presented for review include the interpretation of "agency" in Section 1825, the inclusion of both fees and expenses within the meaning of "fees," and the Congressional intention regarding the payment of witness fees and expenses in EEOC litigation.

September 26, 1974